Hi folks, does anyone know where I can get a will interpreted, preferably on a federal/Bundes level (if I ask a 10 lawyers, Ill get 110 answers.) i need to know what it actually says about dividing the estate.

& is there anyone here that can explain a few specifics re inheritance in Switzerland (as a swiss inheriting in Switzerland)
I've got a good general knowledge of the laws & procedures but somehow i'm missing something.

I would really appreciate some help & its quite urgent.

Thanx & xxxx upfront

A will should be fairly easy to read, and every lawyer/notary should be able to tell you what is ment. (Else I honestly think they should find a new job)

If also specific laws are involved you might want to go to a family lawyer.

Or ask your question here.

Some info here on Swiss rules.

https://www.ch.ch/en/inheritance

1) Is the deceased Swiss?

2) Is there a will?

3) Is there a spouse?

4) Are there children, grandchildren, etc. ?

Tom

Thanks for yr responses. Yes a will should be easy but ....
Let's take 2 heirs & will says heirs can divide account x, y,& z equally & account a should be used to pay for any estate related cost & heir 1 can keep the rest. Theoretically that puts heir 2 on the pflichteil, or does it?
Also I'm stuck with another thing that I thought was obvious. Re freiquote of 1/4 do thing like Car TV etc that were given away, calculate into the freiquote??
Hope to hear xxx

What relation are the heirs?

Tom

Hi tom yes heirs are swiss deceased was swiss. My problem is I'm stuck in Africa right now & don't have access to swiss lawyers for now. Swiss authorities are doing the main paper work, but only up to a point & as said something s I'm not understanding. Please ask & say more xxx

He ment:

What is the relation of all people who inherit with the deceased, are you children, parents, brothers, uncles, nephews etc..

Hi tom did u see my prior answer/ quote?

I think Tom is waiting for you to answer the question before it would make sense for him to reply again

Thanx for that. U got info for me

Wut?

Hi we are both daughters so direct decendents no other involved, just ,2 of us

do you not trust your sister, or does she not trust you?

No my dear as far a she's concered I should ever have been born & I shouldn't get any money. DM

families are great

Unless the will specifies otherwise, you each get half.

At a minimum, you should get 1/4, you can't get 0.

Stuff that was given away or sold withing the last 5 years (or is it 10) counts towards the total value of the estate.

Tom

Hi again tom
The will says: bank accounts x,y,z should be shared equally, acct a should be used for any estate kosts & heir 1 can keep the rest. Does that puts heir 2 on the pflichteil or not?

All kids together are entitled to a minimum of 3/4 (the 1/4 can be spend however the deceased pleased.)

Two kids so each kids gets half of that meaning 3/8 of the whole thing.

What you do is to make a list of all there is and it's value, this will give you an idea of if you get what you are entitled to, if you get to little you can legally claim more, if you get 3/8 or more than that is the end of the story.

As for gifts, it all depends to whom, how and when this happened for if they have to be seen as part of the heritage or not.

If the both of you are not on good terms you should agree on getting an independent party to handle the heritage for the both of you. And if there really is a dispute which you cannot solve than court is the only thing left that can help you. (Unless the will already named an executeur who has full rights to do as he/she feels things should be done as is currently the case with me and my sister where I am appointed by will to do all that is needed, and if she does not agree she only has one option which is going to court.)

"Beispiel 4: Unverheiratete oder verwitwete Person mit Kindern

Ihre direkten Nachkommen erhalten als Pflichtteil 3/4 des gesetzlichen Erbteils. Über 1/4 können Sie frei verfügen."

http://www.schweizernotare.ch/de/Rat...d=1878&lang=de

Thus, 1/4 of the estate can be freely given away, the rest is equally divided.

So, by law, you get at least 3/8 (1/2 of 3/4).

(i.e. what EdwinNL just posted)

If the will gives more than the 1/4 away, it's not valid and will be limited to the 1/4 (this happened with my MIL will when she tried to leave out my wife and her sister and leave everything to my wife's son, end result they each got 3/8 and he got the legal maximum 1/4)

Tom